HomeMy WebLinkAbout08000990550000_Variances_04-11-2019Date Stamp 1220478
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MH
RECORDED ON
05/08/2019 09:22 AM
FEE: 46.00
PAGES 4
WELL CERTIFICATE REC'D; N
RECEIVED
MAR 11 2019
LAND&RESOURCI
L&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER.
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
Government Services Center, 540 W Fir Ave, Fergus Falls IVIN 56537
218-998-8095
www.ottertailcountymn.usOTTERTIIII
Application Fee ^ ^00^
Receipt Number
Accepted by 3-Date
Property Owner
Name Kevin J & Laurel G Wanke
Address 16245 Big Cormorant Rd S
City Pelican Rapids
State Minnesota
Zip 56572-9326
Daytime
Phone
218.298.4555
Email kevinlaurie87@aol.com
Parcel Information
Lake No 56054700 Lake Name Lake Class neHook Lake
Parcel Number(s)08000990550000
Parcel Number(s)
Township Name Candor Section 21
Legal Description Sect-21 Twp-137 Range-041 Juniper Shores
Lot 3 BLK 1
Adjacent and North of 48311 Leek Lake Drive fVl/\JPhysical Address ^'■'7
TYPE OF VARIANCE REQUESTED (Please Check)
Structure
Setback /Structure Size Sewage System Subdivision
C-4ClusterW -iiWECSMiscellaneous
a.
cn
1
SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAIL
COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC
NOTIFICATION.
OTTER TAIL COUNTY ORDINANCE: Otter Tail CouTitv Shoreland Manaaement Ordinance
4.A.-Minimum Structure Setback ReauirementsSEaiON OF ORDINANCE:
VARIANCE REQUEST:
Request to construct a dwelling 150' from the lake, requesting a 50' variance from the required 200'
setback.
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT
ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER
TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE
MANAGEMENT REGARDING THIS MATTER.
\ SI6NATURPOF PROPERTY OWNER/AGENT FOR OWNER DATE/APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/Time of Hearing)
OFFICE USE ONLY
Date of Board of Adjustment Hearing / II, ^0/^Time 7
Motion
Kevin & Laurel Wanke - Approved as Requested with Condition (7:45 p.m.)
After consideration and discussion Rick Wilson made a motion, second by Kenneth Vorderbruggen and
unanimously carried to approve the variance request as requested with the condition that a storm water retention
plan must be submitted with the permit application and based on the Findings of Fact and Decision Form, which
contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the
minutes which has been placed on file with the Land & Resource Management Department. It was noted at the 200’
setback from the OHWL there is a drainage area which wasn’t created by the property owner.
Chairman/Otter Tail County Board of Adjustment
1Permit(s) required from Land & Resource Management Yes No
Note: If Yes, contact Land & Resource Management
^avu.1 ftvuiVj sUiaCopy of Application mailed/emailed to Applicant, County Assessor and MN DNR
L&R Official/Date
cl 01122019-001 2
Chrjs LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTCRTAIlooa«rT*Biafliiert
GOVERNMENT SERVICES CENTER
540 WEST FIR AVENUE
FERGUS FALLS, MN 56537 218-998-8095
FAX: 218-998-8112
Board of Adjustment
Findings of Fact and Decision
Address/Parcel No. N/A Adi to48311 Leek Lake Dr./08000990550000Applicant: Kevin & Laurel Wanke
Requested Variance: Request to construct a dwelling 150' from the lake, requesting a 50* variance form the required
200' setback.
Otter Tail County Ordinance: IS Shoreland Mgmt. □ Sanitation. □ Subdivision. □ WECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation III District Requirements. 4;A.
A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A
determination that a practical difficulty exists is based upon consideration of the following criteria:
CRITERIA / BOARD OF ADJUSTMENT MEMBER
The applicant identified the following practical difficulty
SS DL DN KV PCTL
1. Is the variance in harmony with the general purposes of the official
control?
2. Is the property owner proposing to use the property in a reasonable
manner not permitted by an official control?
3. Is the need for a variance due to the circumstances unique to the
property not created by the landowner or prior landowners?
4. Will the issuance of the variance maintain the essential character of
the locality?
5. Does the need for the variance involve more than just economic
considerations?
Facts supporting the answer to each question above, together with those other facts that exist in the record, are hereby certified to
be the Findings of the Board of Adjustment.
The Otter Tail County Board of Adjustment: APPROVES X the requested variance.DENIES
This decision is based on:
cTAp^icatiop^
Clffl^rnation received at public heaPBa^
^-STaff reporP
Pictures
Viewing by____members of the Board of Adjustment
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
‘/to//7DATED:
Board of Adjustment Chair
otter Tail County Board of Adjustment - Variance Question Findings
1. Is the variance in harmony with the generai purposes and intent of the officiai control? (The board shall consider the
purposes and intent of the official control).
Yes - the variance is in harmony with the general purposes and intent of the official controls because there are restrictions
on building on this parcel because of a natural drainage area on the property.
2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The
board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official
control).
Yes, the property owner is proposing to use the property in a reasonabie manner not permitted by the officiai control
because it wiii address the erosion problem onsite.
3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board
shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore
impact zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel
from others? Does this lot have a feature that does not affect all parcels similarly?)
Yes, the need for a variance is due to circumstances unique to the property owner because there is a drainage area that
flows through the property and the proposed dwelling would be in the drainage area. Also note that the drainage area was
not created by the landowner.
4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for
the record why the request does or does not maintain the character of the area. Is this request similar to what others have,
what are near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.)
Yes, the issuance of the variance will maintain the essential character of the locality because of the topography in the area.
5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics
played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably
more does not constitute a practical difficulty).
Yes, the need for the variance does involve more than Just economic considerations because of the slope of the
topography.
The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must
bear a rough proportionality to the impact created by the variance. (Mitigating impervious surface with storm water
management, deep rooted vegetative buffers, rain gardens, etc.)
Bryce & Lauren Anderson - Approved as Requested (7:20 p.m.)
Bryce & Lauren Anderson, Pt of GL 7 & 8 Lying Nly of LN Com NE Cor...{16.23 Acres) in Friberg Township, request the following:
Requesting a l30’-0” setback (200’ setback required). The 200’ setback is not achievable since the house is surrounded by water. This
will be to add a bedroom and bathroom to the north, larger kitchen and living room to the west, and a front porch entry to the east to
meet the demands of our growing family. Septic system will also be updated during renovations to accommodate 4 bedrooms. The
audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Darren
Newville made a motion, second by Rick Wilson and unanimously carried to approve the variance as requested to construct additions
to the dwelling being 130’ from the OHWL and based on the Findings of Fact and Decision Form, which contains the criteria
reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has been placed on
file with the Land & Resource Management Department. It was noted that the property is surrounded by water.
Mark Bring & Dacia Stiles - Denied (7:28 p.m.)
Mark Bring & Dacia Stiles, Pt GLs 6 & 9 Com SW Cor GL 6...(37.40 Acres) in Sverdrup Township, request the following:
Authorization to construct a dwelling 100’ from OHWL, a variance from 200’ setback. The audience was polled with Gary Denbrook
speaking in opposition to the variance application indicating that the 200’ setback should be maintained. After consideration and
discussion, Darren Newville made a motion, second by Douglas Larson and unanimously carried to deny the variance request as no
adequate hardship/practical difficulty unique to the property has been shown that would allow for the granting of the variance as
requested and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been
attached to and incorporated as an official part of the minutes which has been placed on file with the Land & Resource Management
Department. It was noted that the current dwelling meets setbacks according to an inspection in 1993 and that there is enough land to
meet setbacks.
Kevin & Laurel Wanke - Approved as Requested with Condition (7:45 p.m.)
Kevin & Laurel Wanke, Lot 3 Blk 1 of Juniper Shores in Candor Township, request the following: Request to construct a dwelling
150’ from the lake, requesting a 50" variance from the required 200’ setback. The audience was polled with no one speaking for or
against the variance as requested. Jeff Norby (proposed buyer) represented the variance application and provided an additional exhibit
for the Board of Adjustment members. After consideration and discussion Rick Wilson made a motion, second by Kenneth
Vorderbruggen and unanimously carried to approve the variance request as requested with the condition that a storm water retention
plan must be submitted with the permit application and based on the Findings of Fact and Decision Form, which contains the criteria
reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has been placed on
file with the Land & Resource Management Department. It was noted at the 200’ setback from the OHWL there is a drainage area
which wasn’t created by the property owner.
Devin Gemelli - Tabled (8:00 p.m.)
Devin Gemelli, Wly 613’ of SLl of GL 2 Ex 5 Tracts of 500’ on Lk in Amor Township, request the following: Requesting Variance
to attach garage to the house. Garage foundation will be 24’ from Bluff. Proposed attached garage will tie into the existing roof
approx. 20’ from the bluff. The audience was polled with no one speaking for or against the variance as requested. A letter from Cindy
Dean was read for the record. After consideration and discussion, Rick Wilson made a motion, second by Douglas Larson and
unanimously carried to table with verbal permission of the applicants at this public hearing until the May 9, 2019 meeting of the Board
of Adjustment to allow the Board of Adjustment members to get clarification of the Statute in reference to an expansion of a non-
conforming structure.
Dustin Dodd - Tabled (8:27 p.m.)
Dustin Dodd, Pt GL 2 Com N1/4 Cor...(.20 Acres) in Star Lake Township, request the following: Required 75’ setback to lake,
requesting a 27’ variance to be 48’ from the OHWL. House is currently less than 75’ (see drawing on file at Land & Resource
Management) if you count the bog, I would be compliant. Not changing the existing footprint, want to add a 2"'' story. See blueprint
on file at the Land & Resource Management Office. The audience was not polled. After consideration and discussion, Darren
Newville made a motion, second by Rick Wilson and unanimously carried to table with verbal permission of the applicant at this
public hearing until the May 9, 2019 meeting of the Board of Adjustment to allow the Board of Adjustment members to get
clarification of the Statute in reference to an expansion of a non-conforming structure.
April 29, 2019Page I 2
178E - Naytahwaush loam, 8-30% slopes
Approximately 90% of the soil mapped on this lot are 178E - Naytahwaush loam with 8 - 30 % slope. It is
classified 6E, indicating a significant hazard for erosion. Surface runoff with the Naytahwaush soil can be
very rapid. That, along with moderately slow permeability, can cause accelerated water erosion rates
especially when the soil is disturbed, and vegetation removed. Most soils are especially susceptible to
erosion when subject to concentrated flow. Vegetation armors the soil against direct rain drop impact
and protects the soil by increasing soil organic matter which is the glue that holds together soil particles
and increases soil aggregate stability. Mature trees intercept falling rain reducing its explosive velocity on
the soil. Stump removal destabilizes the slope and exposes bare soil. The rate of erosion depends on the
soil's physical and inherent properties. Soil physical properties (such as soil structure) are impacted by
actions, like those mentioned above, whereas inherent properties (such as soil texture) are not. Poor
stormwater management of the Naytahwaush soil will significantly increase the rate of erosion, especially
on a steep slope with concentrated flow like present on the south 1/3 of this property. The alternate
building site, requested in the variance, is an area of uniform sheet flow far less prone to the formation
of gullies.
Picture of gully that formed approximately 250' south on same soil type in an area of concentrated flow.
V
LAND & RESOURCE
OTTER TAIL Government Services Center
540 West Fir Avenue
Fergus Falls, MN 56537COUNTY - MINNESOTA
Notice of Hearing for Variance
Applicant and/or applicant's representative must be present at the scheduled hearinE.
To Whom it May Concern:
Kevin & Laurel Wanke
16245 Big Cormorant Rd S
Pelican Rapids MN 56572
Has/have made application to the Otter Tail County Board of Adjustment for a variance as per
requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back
Ordinance, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code
and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board
of Adjustment w/ill assemble for this hearing on
Thursday, April 11,2019 at 7:30 p.m.
in the Commissioner's Room of the Otter Tail County Government Services Center, Fergus Falls, MN.
(Please use the public entrance located on the northeasterly side of the Government Services Center.
The second left off Fir Ave.) Individuals requiring special accommodations should contact the Otter tail
County Land & Resource Management office prior to the date of the public hearing.
** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls
Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing.
The property concerned in the application is legally described and located at:
Legal Description:Parcel No.- 08000990550000
Lot 3 Block 1 - Juniper Shores
Section 21, Township 137, Range 41
Township Name - Candor
Hook Lake (56-547), Natural Environment (NE)
None-Adjacent & North of 48311 Leek Lake Dr., Vergas MN 56587
Lake Name/Number/Class:
Property Address:
The variance requested is the following: .
Request to construct a dwelling 150' from the lake, requesting a 50' variance form the required 200'
setback.
Amy Busko
Board of Adjustment Secretary
March 28, 2019
(^) ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
LIVE YOUR best life HERE.
The following summarizes why I am requesting a variance to build a home closer to the lake
(150’ vs 200’, the required setback), based on my understanding of the shoreland
management ordinance, while minimizing the impact such construction would have on the
lake and landscape (aesthetics and physical alteration).
By way of background, I have worked in soil and water conservation the past 29+ years, 20 of
those years designing and installing erosion control structures and practices, primarily in
agricultural settings, but also roadside, stream and lakeshore projects. In my opinion, there
are compelling reasons to avoid construction of a home on the developer’s proposed building
site, which is a portion of the lot in which the natural topography averages 10% slope and the
runoff goes directly onto the neighbor’s property, then into a wetland, and then into the lake
(see attached 1’ contour map). While the developer’s proposed site meets the 200-foot
setback, there is little regard to minimizing the extent of disturbed area and erosion
potential. Immediately downslope from the proposed building site, the slope is 12% and very
prone to soil erosion. Section 4a of the shoreland ordinance states; "Steep slopes - Local
Sovernment officials must evaluate.possible soil erosion impacts and development visibility
from public waters before issuing a permit for the construction of sewage treatment
systems, roads, driveways, structures or other improvements on steep slopes.” Altering the
natural drainage way impacts its effectiveness for conveying, filtering, and the storing of
runoff in the soil profile. Placing of fill at the proposed building site would not only
contribute long-term surface sediment movement from soil disturbance, but would also
require the removal of mature trees, their stumps, and the tree canopy, further destabilizing
the steep slope and potentially altering subsurface flow. Even with the implementation of
the best erosion control practices, nutrient rich fill material would undoubtedly increase
nutrient and sediment loads in runoff. I believe moving the building site north of the
developer’s originally intended site would greatly diminish the impact on the lake and
landscape, while still meeting the;stormwater management requirements of the shoreland
ordinance. The utility/drainage easement through the property becomes an issue moving a
home further from the lake, meeting the 200-foot setback, and yet avoid building in the
natural drainage course.
I would mitigate runoff at my proposed site with a rain-garden while still maintaining the
natural hydrology, which, along with the fact that the proposed home is quite modest in size,
meets the objective of minimum disturbance to the landscape and lake.
Criteria to consider in the review of Variance request:
1. This request is in line with the compressive plan as it expands residential development
in a residential district.
2. The variance is in harmony with the intent of the ordinance as it provides proper
stormwater management to protect the adjacent lake, provides adequate vegetative
screening, and will cause the least amount of disturbance during and after
construction.
3. The variance is requested due to unique circumstances of the lot that are not created
by the owner. The existing area within the building envelope site is in a natural
stormwater drainage course and within a steep slope area. Would these circumstances
not be present, the proposed home construction would not need the requested
variance.
4. If granted, the variance will not alter the essential character of the locality. The modest residential home will be sirhilar in character to the homes that are already
present.
5. The proposed variance request puts the property to use in a reasonable manner
because the request is the minimum variance needed to maintain the natural
hydrology, protect the steep slope with existing vegetation, and maintain vegetative
screening of the proposed structure from the lake.
Otter Tail County’s enforcement of the shoreland policy set forth by the State of Minnesota
(and in the case of the 200’ setback, exceeding the state’s recommendations for a NE lake) is
to be applauded. I ask that you consider the essence of the policy, which is to minimize the
impact and extent of development, both of which I would accomplish through this proposal.
Granting a variance in this instance will still meet the intent of the setback requirements
(stormwater runoff protection, vegetative screening from the lake, and maintaining shoreline
buffers and shoreline habitat). Thank you for your consideration.
IL. IllBMlgiBBga
Utillty/TWP - Easement/
Setback
1150' Setback
FI Proposed Building
Site
200* Setback h_S
Site Approved on
Prelim Plat
B
Property Line
%
■n i
[n
Utility/TWP - Easement/
Setback
150 Setback
Proposed Building
Site
OWNER[ HtKEBV CEK
Ilh'YTHA
iD IN THIS
T THI: SUBDIVIDE PKOHtRPt'DEVELOPER SURVEYORJUNIPER SHORES SURVEY »>rtETS THE COUNTY OADXtXESSRSQUlREMSmSFC^
SEWv
FUBUCR
OmU ft Dckcrrati Motel
RR 1
Tjylor bivcMimot CoiponUMi
c/o ScD*l Schleyr.a bm 9J2
Lwiccka ft Auoonw, Ik.
Box 120Pcqool Lte». MN. >0472
ATTN; OaYI Ltetec;
AND
AGE TREAIMENT S^'STEhlS.
Boi426
VctBOt,MN MM7
BnacnLMN i«40lPRELIMINARY PLAT UTILITIESvRT OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER;
AU lots lave tea MomiJ bivi «BMi^ Id »IW« fw (1^ pouMe ftinfiriil utn *1 tkMn on ih» RteL
will be Mxved bf pnvaw wdUi (iir ihdr
DrnifitMnm
lawi Dteri lit scibJck nquimnsMs h Ml Jorth in Oic counc/i onbnaiK-es. All loUiialfVHkfiil water iopffy.PART OF GOVERNMENT LOT 8 & GOVERNMENT LOT 10
SECTION 21. TOWNSHIP 137 NORTH, RANGE 41 WEST
OTTER TAIL COUNTY, MINNESOTA
VEGETATION AND TOPOGRAPHIC ALTERATIONS
TIm ptsc wdl coositt of 3 low ft* Readtoiwl pupMot. ExA lotImi4 sRonMaM wlU ooour far (be esDsfnMian ofitonioi. acragoi. Mves, oewer lynrini. Md otttcr mhlrwifJTOTAL ACREAGE - 8.75±
EROSION CONTROL PLAN
1. AllfimatddisMhed byrnMcaenisiobeftabiliiKlM tounaspossftieuNnfKnlMidmiilditecsfabtkbnKM.
3. Mal»<MDVtgct«ioooloitSPiO|WT7)iiNinidsras4tswbadbj ceosbuettaD
3. KoCIIiM«rduMbi>w«>cilMid(s)ww.
4. SOlteiM* tballbc r^ot'w«(lai*fadHrio|coMMiiictM.
CONTOUR INFORMATION
aNrvil it 3 bel u ibnwn o« ibis dnwiof n coDecHd by fiold surv^ rMtiHKfa.
donuaefaveiioaafHookUk'c: elevatHKiaeshoun « ISiM.UOTcat.Rued oei USCS quedne^ impHOOK iAKE
Like lutnoro eleviUHiD h thown bsxiJ on MinocMla DNH lain map.
LAKE INFORMATION
From DNR rqion:
SIZE’ tppiox. IH x.Tct OEPni: M«x. dcplhofii)ipi«x. 24 faneBOTTOM COMPOSTKIH —-f [rrrrl * **^infhr*VMT irpnnil ’irnrtir rrQrimirin
SOIL DATUM
Tbe toils bifonBaDM icpioviiicdby ibeCkDfialSoitt MapudlbeDeadltdSoeli Map Tail Cewey.wbkbw* pRpned bjr iba IIS Oepnrtramit of AbrcuIuk sod tel CoomimMiu Service.
ThoMiltonilisfKT^eooMioflfceNebieMcteaD^bDokct AteoeUtioD. ------------------ltTMin*,lrn1
MINIMUM LOT AREA AND WIDTH REQUIREMENTS
UOOKLAKE
NATURAL bNVIRONblENT
LOT WIDTH 200 bMM4MMk^S.AREA
VICINITY MAP STRUCTURE SETBACKPROJECT 300 tni
SnWAOe SYSTEM SCIBACK 130 faKLOCATION
HIGHWAY ft ROAD R/W SETBACK
Mite
SIDB1X)T SETBACK 10 fool
HOOK LAKE LEGEND LEGAL DESCRIPTION
Tte poet of te Sewten Quancr of the Sowhww (jwittr. mi (hot port
Lot 10, tod llw pin ofCoverananri Lot S, all in ScctioH 21, Towntbip U 41 Wear, Obrr Tail CguMy, MametoU, dcacribcd at S>lbi«x.
CoewMDCiiig m <M SouiBcue oaract of md SmOmmi Qdbro oTOw teDbweg (Ruu teacc teMh tl lietrom 4e ntnuaD 41 iaxjD.ie W«i(,9«wtn(4 teims.tlODp ebt te
line llwnofTT.ia face toihocoMerliM ofl,eek Ite Oive. a tgwntiep>DMl: Oiokv Nonli»«<lcrty I5T.0I feet akinp wtid c«n(ttlu>cA>iqic « noO-tanfrnHal nave,
(be SvuihwesL havio); i nubut uf 4S4.0U fact, a central aople of It detreei 06 niiautt beariny of Ibirtb ?7 tIesMea 32 luiButai 00 aecondt Wcai for ■ vboni
faet; ibeiM'e Htvtb 26 drgieex 35 miutnti 25 acconifa Wed aloop x
eMieHtftanngeniiu tOKlm(t«92I.17 feet;<1»cbc«Noitbwcantly T4.I9 faeloloapn;
OMeiNite aloitf a ian(«Dtial emve coocavt to Nonlviwt havint andiuaof 67LU amwnloogleo
3R RiiMM( 39 Mcemdf Weal far acbofddtnaoi'eofja.ip leer, iheoco Soodi 53d«fR
■imuM»35 aecondt WedaoManpeH to rod tedweribed ewe SI.93 fact tote poi begeBOSp of te tract to bo baeio dcacrfacd: tenee bienb 53 dqpee* 04 mowces 35
OKoudt Ea« tl aTfaettfliwMx-enterlte; ibence NoRbweraertr 256.70 led aloag su eeMetlwe aloop a noniantirtiiiel kxrvs eoDcavc (o tbcNorteati baviap * tteue of 67
fael. • cenira] oipie of 31 de|pem 42 anmdea 47 «»’«•"»*», t chord beatiap of North 23
de^ct lOmimnea 30ac:(indr EeM, a chwd Jiuaocc of24S.IT fant: thence North 12
Eatt eloiip ni«l oMerlna lanpcnl le raid UrI dewnhci ' tect, thmcc NgrA 10 defect 35 mnates 07 tacote Wan dong Mid
RT3 fane ibrnw South 7R depwea 34 rmradta S3 uecaidt Wen ISO (ret.
(criy. Wenerty. and
line iKannp North 70 puhH of l)cg'‘*'*(- ihmca South 70 d*)
l«a> to te po)«i ofbep*"if
ofciovfnm
TNorth, Rs2376
DD40TESBUI
SgUARB
FOCT HOUSE AND aARMZ LDD40 SITS ONLY.
DbNOlbS PROK3StiD WfcLL
aevontli. a choidcz:>-.•linaneenflSTSt
DENOTKA OftAIHnEUD
r02 deuce* S3 mturtet 32 tccnnih, a cbunl bearing of Neetfa 3S dag)DENOTES ALTERNATRDRAadVB-LD
DENOTES DRAIMAOB ARROW
DENOTES CULVERT
drpee* 19 nbiwte* 06 eecuodiDENOTB8 OVERHEAD ELECTRIC «»« 601.79
tinfculiiM. itMOK or leaa. in the ahorehna of Hook lake; ihmca Socihwetl
Srwthwwerty along ate tboral dagroM IM ninuiat IT eacvrnl* iioa hi (he inlareccrion wiih aWedlnente
tMimuM 17 tcc0DdaB.iai916 fan. manor
cel >e townahtp mail tiglH^-way.
neni*. intneiloita, nndeel 10 tain
LOT AREA TABLE
Areo Le«B Wetlands
(•q.ft.)Totol Area (sq.ft.)LOT
I 14B.S50
110.633
112,420
I4E.9I6
10S.aV5
112,420
2
3
« DENOTES V402AB.1EKT FOUND
O DFJ40TES [RON MONUMENT SET MARKED BY LtCEKSEHO ITOQtCONTACT *GOPHER ON^CALl* I400.2S2-1166 nUOR TOCONSTRUCTXM ORIiiSRENT AT ION OR THIS BLARING 5V
D ON THE Last line of THI
V£ AN ASSUMED BEAT
ASE1-jT
-5W \<i TO HA’ N0O‘IT30"VV
RECEIVED
MAR ] 5 2019
LAND & RESOURCE
OTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENTPUBLIC WORKS DIVISION
ottertailcountvmn.usOTTfRTMl
GOVERNMENT SERVICES CENTER
540 WEST FIR AVENUE
FERGUS FALLS, MN 56537
218-998-8095
FAX: 218-998-8112
WAIVER OF 60-DAY RULE
THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE
OFFICE OF LAND & RESOURCE MANAGEMENT ALONG WITH APPLICATIONS TO BE
CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT.
BETWEEN OCTOBER 1^^ & MARCH 31^^
I understand that, due to snow cover, the Planning Commission Members
and/or the Board of Adjustment Members may not be able to view my
property/project (Tax Parcel # OSOOO^^O S'f^(l>000
on my
), described
Application(s) dated
Since this is the case, it may not be possible for Otter Tail County to meet
the legal requirement to take action within 60 days of receipt of my
completed Application(s).
Check One:
I agree to waive the 60-Day Rule in order to allow time for the Planning
Commission Members and/or Board of Adjustment Members to view
my property before taking action on my Application(s).
I—I I do not agree to waive the 60-Day Rule, and I understand that in the
absence of waiving the 60-Day Rule, the County may have no
alternative but to deny my Application(s).
3/iz/i^
DATED* V
'^OPERTY OWNER
LR Faro: Wmr60DByRiie02-21-2017
March 6,2019
County of Otter TailTO;
JeffNorby^;;^^
Agent/Buyer
FROM:
Application for Variance (contact information)SUBJECT:
Please include me in any notifications sent to owner/applicant.
Jeff Norby
1303 Madison Ave
Detroit Lakes, MN 56501
218.234.0939
norbvis@,gmail.com
OTTER TAIL COUNTY
Fergus Falls, Minnesota
STATE OF MINNESOTA )
) ss
COUNTY OF OTTER TAIL
I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify
that on the 28th day of March 2019 the attached Notice of Hearing for Variance was duly served upon
the individuals listed below and/or included in the attachment:
)
Lake AWociationProperty Owner Township Clerk
Kevin & Laurel Wanke
16245 Big Cormorant Rd S
Pelican Rapids MN 56572
Sharon Sauer, Clerk
Candor Township
51902 County Hwy 117
Detroit Lakes MN 56501
V ^City Clerk (if located within 2 miles of a city) N/A
Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
ss & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
I
(fn
Big McDon^vnWNa^ Perham):
Little Moj^nald,
;le Ilie# Fish^
lU
De
Little Pi
Pelic
South Turtle Lake:
ig Pine:
Otter Tail County COLA, 4302 lO'^- Ave S Ste. 4-333, Fargo, ND 58103
Chuck Grotto, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537
_Julie Aadland, DNR Eco & Water Resources, 1509 1®' Ave N, Fergus Falls, MN 56537
Board of Adjustment Members:
Ken Vorderbrugen, 20901 County Hwy 65, Henning MN 56551
R. Stephen Schierer 32117 260*^’ Ave, Erhard MN 56534
Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559
Darren M Newville, 614 6"^ St NE, Perham, MN 56573
Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537
Planning Commission Member: Rick Wilson, 609 Lakeside Dr., Fergus Falls MN 56537
By placing a true and correct copy thereof in a sealed envelope, postage prepaid and depositing the
same in the United States Mail at Fergus Falls, MN, properly addressed to each of the individuals listed
above and/or listed in the attachment.Number of Notices &
Envelopes to Print
/FileDated: March 28, 2019
Extra
BOA Members
PC Member_
Envelopes__
TOTAL NOTICES TO PRINT ji
Added to Agenda
Print out Findings of Fact Shee^
Newspapers -Pi'^
^picl£> Pt
Amy Busko, Secretary
Otter Tail County Board of Adjustment ^5
/
FOF
AmyBusko 2By:
l:\BOA\Affidavit Original 02-2019.doex
Buffer Parcels
Addr 1 Addr2Parcel No Citv St ZiD
Vergas MN 56587 9458
Name 1 Name 2
Dustin P & Samantha A Dahring 48474 Leek Lake Dr08000210165000
08000210165001 .Joseph A 8i Kari j Albertson Vergas MN 56587 945848248 Leek Lake Dr
Vergas MN 56587 945808000210165002 Todd M Rittenour 48249 Leek Lake Dr
Frazee MN 56544 895408000210165008 Deborah Kay Moltzan 47550 353rd Ave
Vergas MN 56587 9458Dustin P & Samantha A Dahring 48474 Leek Lake Dr08000210165009
08000990548000 . Donald L & Pamela F Steinmetz Detroit Lakes MN 56501 4509621 N Shore Dr
48311 Leek Lake Dr Vergas MN 56587 9458Caitlin Pawlowski & G Norby08000990549000
08000990550000 • Kevin J & Laurel G Wanke
___________
08000990551000 To The Public
Pelican Rapids MN 56572 932616245 Big Cormorant Rd S
00
Pase 1 of 1Monday. March 25, 2019
Buffer Mail
City, State, ZipAddress i Address 2Name
Joseph A & Kari J Albertson 48248 Leek Lake Dr Vergas MN 56587 9458
Dustin P & Samantha A Dahring , ‘ 48474 Leek Lake Dr
Deborah Kay Moltzan
Vergas MN 56587 9458
47550 353rd Ave Frazee MN 56544 8954
Caitlin Pawlowski & G Norby ‘ p 48311 Leek Lake Dr Vergas MN 56587 9458
Todd M Rittenour 48249 Leek Lake Dr Vergas MN 56587 9458
621 N Shore Dr Detroit Lakes MN 56501 4509Donald L & Pamela F Steinmetz
Pelican Rapids MN 56572 9326Kevin J & Laurel G Wanke 16245 Big Cormorant Rd S
Page 1 of 1Monday, March 25, 2019
The following summarizes why I am requesting a variance to build a home closer to the lake
(150’ vs 200’, the required setback), based on my understanding of the shoreland
management ordinance, while minimizing the impact such construction would have on the
lake and landscape (aesthetics and physical alteration).
By way of background, 1 have worked in soil and water conservation the past 29+ years, 20 of
those years designing and installing erosion control structures and practices, primarily in
agricultural settings, but also roadside, stream and lakeshore projects. In my opinion, there
are compelling reasons to avoid construction of a home on the developer’s proposed building
site, which is a portion of the lot in which the natural topography averages 10% slope and the
runoff goes directly onto the neighbor’s property, then into a wetland, and then into the lake
(see attached 1 ’ contour map). While the developer's proposed site meets the 200-foot
setback, there is little regard to minimizing the extent of disturbed area and erosion
potential. Immediately downslope from the proposed building site, the slope is 12% and very
prone to soil erosion. Section 4a of the shoreland ordinance states; “Steep slopes - Local
government officials must evaluate possible soil erosion impacts and development visibility
from public waters before issuing a permit for the construction of sewage treatment
systems, roads, driveways, structures or other improvements on steep slopes. ” Altering the
natural drainage way impacts its effectiveness for conveying, filtering, and the storing of
runoff in the soil profile. Placing of fill at the proposed building site would not only
contribute long-term surface sediment movement from soil disturbance, but would also
require the removal of mature trees, their stumps, and the tree canopy, further destabilizing
the steep slope and potentially altering subsurface flow. Even with the implementation of
the best erosion control practices, nutrient rich fill material would undoubtedly increase
nutrient and sediment loads in runoff. I believe moving the building site north of the
developer’s originally intended site would greatly diminish the impact on the lake and
landscape, while still meeting the stormwater management requirements of the shoreland
ordinance. The utility/drainage easement through the property becomes an issue moving a
home further from the lake, meeting the 200-foot setback, and yet avoid building in the
natural drainage course.
I would mitigate runoff at my proposed site with a rain-garden while still maintaining the
natural hydrology, which, along with the fact that the proposed home is quite modest in size,
meets the objective of minimum disturbance to the landscape and lake.
Criteria to consider in the review of Variance request:
1. This request is in line with the compressive plan as it expands residential development
in a residential district.
2. The variance is in harmony with the intent of the ordinance as it provides proper
stormwater management to protect the adjacent lake, provides adequate vegetative
screening, and will cause the least amount of disturbance during and after
construction.
3. The variance is requested due to unique circumstances of the lot that are not created
by the owner. The existing area within the building envelope site is in a natural
stormwater drainage course and within a steep slope area. Would these circumstances
not be present, the proposed home construction would not need the requested
variance.
4. If granted, the variance will not alter the essential character of the locality. The
modest residential home will be similar in character to the homes that are already
present.
5. The proposed variance request puts the property to use in a reasonable manner
because the request is the minimum variance needed to maintain the natural
hydrology, protect the steep slope with existing vegetation, and maintain vegetative
screening of the proposed structure from the lake.
Otter Tail County’s enforcement of the shoreland policy set forth by the State of Minnesota
(and in the case of the 200’ setback, exceeding the state’s recommendations for a NE lake) is
to be applauded. I ask that you consider the essence of the policy, which is to minimize the
impact and extent of development, both of which I would accomplish through this proposal.
Granting a variance in this instance will still meet the intent of the setback requirements
(stormwater runoff protection, vegetative screening from the lake, and maintaining shoreline
buffers and shoreline habitat). Thank you for your consideration.
nUtility/TWP - Easement/
Setback
m Proposed Building
Site Approved on
Prelim Plat
Utility/TWP - Easement/
Setback
1/
Proposed Building
Site
4
CM 200* Setback
X,3M
'£
PI
Property Line
7/
V
Offr!b
0
OWNERIUUUEBY CEK1VY THAT THE SWnvRMiD ntCKXTV DEVELOPER SURVEYORJUNIPER SHORES DESaUBfiO P< IfO SURVEY MOB ns COUNTYPUHiC ROM) AOOBS AND Oa»W ADAanfcMahm T«yter h'. .Ri<M
P.O. B«K W
MH S^KH
MlM7AGE TRBATUENTSVnaA.I Rm4H
Rwiie i64nATTKD«»iJlM.ilr«lggPRELIMINARY PLAT UTILITIESIT OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER;AI>w>mWf<wtprilli«gn<BWHlili»tprfcf*»■»(;>MirthD«wUWW*es
■HtaMili<*jdnRMMkHMMin*>cDwty’t«i«m. AllM>«fllh«iaHdhf pnwi*««l> fcr di*
ipArtiwI WW «H<r-PART OF GOVERNMENT LOT 8 & GOVERNMENT LOT 10
VEGETATION AND TOPOGRAPHIC ALTERATIONSSECTION 21,TOWNSHIP 137 NORTH, RANGE41 WEST
CadiMand iff diaifcfidtafaMi
iwtwoeg—<niM<OTTER TAIL COUNTY, MINNESOTA
TOTAL ACREAGE - 8.75±
EROSION CONTROL PLAN
by !»■—cUmtoofci ■■Mliiadwa—aafinM>gj^ae«da>< wdiAlwNiI. AlRMNd
CONTOUR INFORMATION
ia 5 fcH * dwwMw *k «wA^ m velUced by *eUaw«^ ofHe*Lsl;<:«kve***d»ei* - iMH-OOfai.Dhc4 M uses tpadm^aHOOK LAKE
talwlmnw ihwiM »»i>utf*>M<4«iaMiKiB>aNDKRhhemR.
LAKE INFORMATIONFmiDNRrqi0it
SIZE- i|ipaBiL IO anca
Al* ef i|iywi-X la*BOnOMCOXIPOSnON. blMlyaaiAp»rdS*KliKftNbWt. N»«i»M(awMkDenV: Mu.
SOIL DATUM
* ie ywvMid by *e
Fe|«w< by *» U$ Di^ieweaM «i# ketw*we ■< Se«
Miy ^ *( DeMlarfSdb OMTal Cmm), «Wcfc wmiICwnMiMStfvk*.
laateayaafcfc—adbtbumghtldiM. MadofRaoM
,R<
MINIMUM LOT AREA AND WIDTH REQUIREMENTS
HOOK LAKE
NATURAL bNVUOt^CNr
LOT WIDTH 200 Cm«O.«0D»^L
2M«W*
IMlbM
TOfexN
iOfMl
i AREA
VICINITY MAP STRUCTUM SETBACtPROJECT
SEWAGE SYSmi SCIflACK
HIGHWAY A ROAD RAY SETBACK
LOCATION
Sloe IT>T SETBAOl
HOOK LAKE LEGEND LEGAL DESCRIPTIONZOIHSG: AMand Z**w=pw*
niinw «im.to I/m taup parftfUmdBf
ipM ofGcncnMculatl. «BiiScctbMi2|,TiM«UR IONmRi,IU Tad CoaaiY, Mjmuu, dtacalbeC at MImv
vanCdMLarie,»Clli«
41 Wcs,0iKT\_ LAKS OkPl
mou M
2JM SgUARB FOCT BOtlSe AW>
DENOm MMM4G SDR 0N.Y-
GARAGE QuheS«
fiwWm*f27.l4S»dtoilM<MacribH«ria«k l.du Oriaa. a iwMalaBiMi: 4wr
Hanb«w«crty IST.OI Tret afcaay add ctiNnbin >lo«^ a m w^rfriil ram naa Yia
adMad bcaiiaFafNijrtk 27 4c9cef S2f«Bwal
*#we ef 15 7.31 tfet; ibew* Kfib X *pt«* i 5 winwlee 3 fl aeeee* W* doef u cawatMlnc«Mwisidcuraam.l7(Ec(; AciM NaartucaHily 14. IS Cm dmf a* *• to ^ NerNgau Iwv^ a ndfea orC77.)t
• nupil aifle oCb2 daipM S3 nWwlo 32 icgnw^ a clbml havM| afTCwtb )S 4*c
2S laiMMt ]y tacauli Weal ta a diMd dKMat or34.19 fM; •#<« Sm* n 4«R
MMKi 35 lecooC* Weil DM taagiM laaaid bri da>«rft«d caret 11.93 M M 4a
Md^OieS PRurUSKUWRLL
DO lacaada Wc0 lor I cbetd■
0»I01T» ORAIHnaJO
CX5 ORHOm ALTER NATH CN(A0WIHJ3 M
WsieiiR *f !*• bad W be b»w» iesmbed; Welle# Nertb 53 X ■**« 33
aicaada Eae >1.92 faaaia ■aidtawatlii*; ilantce Maaihotamiy 259.70 bai aleeRaaa
Mtai baaiaiy a adae of <7 cbenibagWR»F>M33
dqpcea 10 aenwaa 3> acsoadi gaa. a tbeid J»M»at.a oTSSS.I? Rac AiaMaNpnb 12 dapttt 19 vaaatei OC Bccua^ £aH laM aaBlalioe laaif aM M Mu4 la# 4m*>«
ewvaCO|.79 Wet; ■mecNanh lOd^eea 35 uieuwa 07 aecuoA WwratM|nU tfiebaliia I.U.73 bee ifcaHa* Steib 79 depeea 24 ndmttaa S3 aaceedt Wm 150 Cat.
wang baa, M> Oir dweebMof Hodt liAei ibrace Secil(%>a
DCNOTFS ORAlHAaO ARROW
ta«.eeaal*al eegleef 21 depea 42 aneiid 47 tocapda. aDEH0T8S CULVERT
DCNDTBS OVURf41!AOfiLECTllC
kiadi. W#ieiil)i. aad
Md abacaliat a> *a leianeeriea adib a lioc baaai^ NoMk 79 aaniada Wettfleeihepeilwof li^ieaiag; dieueSeeWTOdei Baai tan. ■#!• or WOt H iW pebe of bepeeln
LOT AREA TABLE
Atm Lmr WaUwbdR
(•q.fl.)Toted ArooLOT
143.850
ItO.633
MKAaO
TIb.ois
105.873
112.420»2
3
• DCKOTFS bdONURCNT 90(940
O DeNOTES IRON MONlRdBNT STT
MARKED BY LCCSMB NG I709S
■GOrHeHONB^^AtL'
l«6 PRIOR TO CCB<STRlXmCN
ORIENTA TtON OR THIS BKARWOIV
IS ImSEO ON THE HAST LOC OF THI
-CW KTO HAVEAK ASSUMDUASHoo*irj<rw.The «kB Am aM doofted bona oatai ba iRpantd bjr Rm local aeiM«